NCPA - National Center for Policy Analysis

Federal Appeals Court Strikes Down Concealed Carry Ban in Illinois

December 13, 2012

Long overdue, the state of Illinois has had its ban on carrying concealed weapons overturned by the 7th Circuit U.S. Court of Appeals. In its decision, which cites research by Sterling Burnett, a senior fellow at the National Center for Policy Analysis, the court overturned a lower court decision and said the ban was unconstitutional, says the Washington Post.

  • The court found that the ban violates the U.S. Constitution's Second Amendment.
  • The court gave 180 days before its decision will be returned to the lower court to be implemented so that lawmakers can craft a law.
  • Illinois joins every other state in permitting concealed weapons.

State Representative Brandon Phelps introduced a bill earlier that would have lifted the ban. Now, however, he says that the court's ruling may encourage lawmakers to pass an even less restrictive concealed carry law.

The majority argued that there was not a strong case that the gun ban was necessary to public safety and that the Second Amendment confers the right to carry a gun outside of the home. The lone dissenter, Ann Claire Williams, argued that protecting the safety of citizens is a significant state interest that is put at risk when people are allowed to carry guns outside their homes.

Illinois has long fought the federal government in restricting gun rights. After the Supreme Court made a ruling that made Chicago's handgun ban unenforceable, the city came up with new ways to restrict who can have guns.

Attorney General Lisa Madigan will review the ruling to see whether there are grounds for appeal or not.


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